Constitutional Reform and Governance Act 2010

Section 26

SCHEDULE 3 Parliamentary Standards Act 2009: substituted Schedule 2

Section 3

“Schedule 2 Compliance Officer

Appointment of Compliance Officer

1 (1) The Compliance Officer is to be appointed by the IPSA.

(2) The person to be appointed must be selected by the IPSA on merit on the basis of fair and open competition.

Terms and conditions: general

2 (1) Subject to the provisions of this Schedule, the Compliance Officer holds office in accordance with the terms and conditions of the Compliance Officer’s appointment.

(2) Those terms and conditions are to be determined by the IPSA.

Term of office

3 (1) The Compliance Officer is to be appointed for a fixed term not exceeding five years.

(2) A person who has been appointed as the Compliance Officer may not be appointed again.

Resignation and removal from office

4 (1) A person may resign from the office of Compliance Officer by giving written notice to the IPSA.

(2) The IPSA may remove a person from the office of Compliance Officer if the person—

(a) is convicted of an offence (see sub-paragraph (3)),

(b) becomes bankrupt (see sub-paragraph (4)), or

(c) is unfit or unable to carry out the functions of the office.

(3) For the purposes of determining if the person is convicted of an offence—

(a) it does not matter where the person is convicted, and

(b) an act punishable under the law of a territory outside the United Kingdom constitutes an offence for the purposes of this paragraph (however it is described in that law).

(4) A person becomes bankrupt if—

(a) in England and Wales or Northern Ireland, a bankruptcy order is made in relation to the person, or

(b) in Scotland, the person’s estate is sequestrated.

Remuneration

5 (1) The terms and conditions on which a person is appointed as the Compliance Officer may provide for the IPSA—

(a) to pay remuneration and allowances to the person;

(b) to make provision for a pension in relation to that person.

(2) The IPSA must make the payment or provision accordingly.

Status

6 (1) The Compliance Officer is not to be regarded—

(a) as the servant or agent of the Crown, or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The Compliance Officer’s property is not to be regarded as property of, or property held on behalf of, the Crown.

Funding

7 (1) The IPSA must provide the Compliance Officer with adequate resources for the Compliance Officer’s functions.

(2) In particular, the IPSA is responsible for providing staff to assist in the carrying out of those functions.

Annual report

8 (1) As soon as practicable after the end of each financial year, the Compliance Officer must—

(a) prepare a report about the performance of the Compliance Officer’s functions during that financial year, and

(b) send the report to the IPSA.

(2) The IPSA must send the report to the Speaker of the House of Commons, who must lay it before each House of Parliament.

(3) When the Speaker lays the report, the Compliance Officer must publish it in such manner as the Compliance Officer considers appropriate.

(4) “Financial year” means—

(a) the period beginning with the day on which a Compliance Officer is first appointed and ending with the next following 31 March, and

(b) each successive period of 12 months.

Vacancy in office of Compliance Officer

9 (1) This paragraph applies if the office of Compliance Officer is vacant.

(2) The IPSA may authorise a member of the IPSA’s staff provided under paragraph 7(2) to carry out the functions of the Compliance Officer during the vacancy.

(3) In relation to a vacancy of more than six months, the functions of the Compliance Officer may not be carried out by virtue of sub-paragraph (2) after the first six months.

Disqualification

10 (1) In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

(2) In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

Freedom of information

11 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices which are public authorities) at the appropriate place insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”

Public records

12 In Schedule 1 to the Public Records Act 1958 (definition of public records) at the appropriate place in Part 2 of the Table at the end of paragraph 3 insert—

• “Compliance Officer for the Independent Parliamentary Standards Authority.”””